EU Privacy Policy

Indigo EU Privacy Policy
Effective Date, August 19th, 2019

  1. Our commitment to your privacy

Indigo Ag Inc. and it affiliates and subsidiaries (company information: https://www.indigoag.com/contact) (collectively, “Indigo”, “we”, “our” or “us”) recognise/s that your privacy is very important to you and we are committed to protecting the Personal Data of those individuals who use Indigo’s products or services (“your”, “you’).

“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

This privacy policy (“Privacy Policy”) describes the personal information that Indigo or its service providers collect from you through the use of Indigo products or Services (as defined below) as well as Indigo’s practices in connection with the collection of such information that Indigo, or Indigo’s service providers, collect through the website or web property, including, without limitation, a mobile website or application, operated and controlled by Indigo from which You are accessing this Privacy Policy (each, the “Site”).

This policy applies to Personal Data we receive and handle about participants in connection with:

  • Your use of an Indigo website including, without limitation, a mobile website or application, operated and controlled by Indigo (each, a “Site”);
  • Your use of Indigo products or Services (as defined below);
  • Communication with Indigo;
  • Marketing messages;
  • Recruitment processes;
  • Use of the APIs, SMS and other platforms through which Indigo makes the Services (as defined below) available.

“Systems” are any of the existing and future electronic systems, APIs, SMS platforms and other platforms through which Indigo and its affiliates make the Services available to you. “Services” are any of the existing and future services offered by Indigo or its affiliates and any content including, without limitation, SMS-based preliminary indications, software services, agronomic services, analytical services, indication acceptances, binding contract offers and acceptances, market data, price information, connectivity, contract confirmation, and messaging.

By providing Personal Data, using a Site or using a product or Service, you agree to be bound by the terms of this Privacy Policy.

This policy also includes our credit reporting policy which is only applicable for certain Services, that is, it additionally covers how we manage your Personal Data collected in connection with a credit application, such as details relating to your credit history, credit standing, credit capacity and credit worthiness (“credit information”).

A separate policy applies to the collection and use of Personal Data of Indigo employees, contractors and other staff. 

  1. The kinds of information that we process

The kinds of Personal Data we collect and process, by or on behalf of us, may include:

Contact Information: such as: your name, home or business address, email address, telephone number,

Personal Details Information: such as: your name, date of birth, employer, profession and job title. 

Technical Information:  such as: technical data collected about your interaction with our products, Services, websites, mobile applications, and email communications including IP address; log files; unique device identifiers; pages viewed; date and time of access; content of request; username; password; usage data; device type; browser type and settings; language settings; aggregate statistical information; transferred volume of data; and website requesting access.    

Marketing Data: such as: cookie data; browsing history; advertising interests; responses to direct marketing and opt-outs from direct marketing. 

Grower Data: such as: grower offers; transport offers; crop data; agronomic data; land data; satellite imagery data, and grower management data. 

Financial Information: such as: payment information; bank details; card details; W9; payment address; purchase interests and purchase history.

Transport Data:  such as: operating authority; applicable vehicle registration numbers; number of drivers in fleet; number of trucks in fleet and driving preferences.

Insurance Information:  such as: insurance status and certificate of insurance.

Account activity: such as: transport loads claimed, transport loads delivered, bills of lading and scale tickets. 

Credit Information (applicable only for certain Services): If applicable, as based upon your participation in Indigo Transport and/or Indigo Marketplace, we may collect credit information. By applying for such services, you agree that we may obtain this credit information from you or from a credit reporting body. This information may include:

  • Default information;
  • Credit infringement information;
  • Personal solvency information (e.g. bankruptcy information);
  • Court proceedings information (e.g. any default judgments entered against you); and
  • Repayment history information.

You can choose not to provide your Personal Data to us, but generally the information we request from you is required in order for us to provide you the goods and services we offer.

  1. How we collect Personal Data

Generally, we collect Personal Data from:

Direct Interactions: such as when you contact us, inquire about our product or services, register for and/or us our products or Services, provide us with information in connection with our services, participate in surveys or questionnaires,  

Mobile Applications: such as when you download or use one of our apps.  Some apps may have specific privacy statements that include more specific information that you should review. 

Products: such as when you use a software product or a measuring or analytical device made available through us.

Services: such as when you use and/or participate in our Services.

Cookies and Automated Technologies: such as when you visit or interact with our Site(s) or click on links on emails. 

Public Sources: such as when we need to collect Personal Data from publicly available sources including, land registries and government agencies. 

Social Media: such as Personal Data that you make available by linking to social media platforms using social media plug-ins, or your social media profile(s). 

Dealers: such as when you provide Personal Data to an authorized Indigo partner, distributor or reseller. 

Private Third-Party Sources: such as when third parties provide information to us. 

  1. Cookies

With regard to Site use and use of Services components of a Site may use “cookies” (these are files that are implanted in your hard drive by some websites to store information about your web use patterns) to enhance or personalise your use of a Site.  Cookies allow for the collection information such as:

  • browser type;
  • time spent on a Site;
  • pages visited;
  • language preferences

These cookies may also be used to collect and store information about your usage of certain components of a Site.  We or our service providers may in any case collect anonymous information that allows us to review information about the date, time and duration of visits to our components of a Site(s) without identifying you.

Pixel tags, web beacons, clear GIFs, or other similar technologies may be used in connection with a Site to track the way you use a Site and to compile statistics about site usage and response rates. This information is generally automatically provided to us by your web browser.

You may choose to refuse cookies by turning them off in the browser; however, if you do not accept them, you may experience some difficulty in your use of certain components of a Site.

We may use cookies to:

  • Improve the functionality of a Site;
  • Process your purchase orders;
  • Display information more effectively;
  • Personalize your experience while using a Site;
  • Gather information of how a Site is used and compile anonymous and aggregate statistics.
  1. How we use Personal Data

The primary purpose(s) we collect your Personal Data is to:

  • verify your identity;
  • respond to your queries;
  • maintain our relationship with you;
  • provide our products and services to you;
  • provide you with information about our products and services;
  • conduct research for our own internal purposes;
  • send you communications and contact you about our goods and services, programs, events, campaigns, functions or news updates that may be relevant or of interest to you;
  • administering, maintaining and monitoring Site performance and usage.

You agree that we may use your Personal Data for any of these purposes.

  1. Legal basis for Processing Personal Data

The legal basis for processing your Personal Data in connection with the purposes may, depending on the circumstances, rely on any of the following legal bases:

  • The processing is necessary in connection with a contract entered into with you, or for your benefit;
  • We or a partner has obtained your prior written consent to the processing;
  • The processing is required by all laws, statutes or regulations applicable to the respective Indigo affiliate(s);
  • We have a legitimate interest in carrying out the processing (including our legitimate interest in providing products and services to you, maintaining or improving our products or services, operating our business, alerting you to other products or services that may be of interest to you) and there is no undue risk to your right, freedoms or interests;
  • The processing is necessary to protect the vital interests of any individual;
  • Any other lawful basis.
  1. The circumstances in which we may disclose Personal Data

So that we may use your information for the purposes identified above, we may disclose it to external providers of services, for example, entities providing crop analysis, providers of security, marketing and IT services. We may also outsource certain functions of our business.

We may disclose Personal Data to related entities and you may receive communications directly from these entities in order that You may receive information about products, services and/or event that may be of interest to You. These communications may include information and marketing communications about their products and services.  We use reasonable endeavours to ensure that these companies do not breach any U.S. laws, however, we disclaim all liability for any unlawful use of your Personal Data by an affiliated or associated company.

We may disclose your Personal Data to the extent that we are required to do so by law, including in connection with any legal proceedings, anticipated legal proceedings or regulatory administrative matters, or in order to comply with any legal obligation, or to establish, exercise or defend our legal rights or in response to a request from law enforcement or governmental agencies.  We may sell, transfer, or otherwise disclose our database of Personal Data to an actual or potential successor entity, purchaser, or investor in connection with a corporate merger, consolidation, sale of our assets or a substantial part of our assets, share sale, investment transaction or other corporate rearrangement.

We may disclose your Personal Data to a prospective seller or buyer for the purpose of selling, merging or transferring all or a portion of our business or assets in order to enable such transfer. 

If you make a payment via one of our Sites or one of our apps or directly to us or one of our dealers your Personal Data may need to be provided to third parties for the purpose of processing such payments.

You agree that we may disclose your Personal Data in any of these circumstances. We disclaim all liability for any privacy breaches by third parties to whom we have disclosed your Personal Data in accordance with this policy.

Indigo will assure that any third party service provider that Indigo shares or discloses information with will legally be required to provide the same or equal protection of user data as provided by Indigo.

You may withdraw your consent to use or disclose your Personal Data at any time. To withdraw this consent please contact us at the details below. Please note that withdrawing your consent may mean that we are unable to provide you with any services.

  1. International Transfer of Personal Data

Personal Data that we collect may be transferred and stored in jurisdictions other than the jurisdiction in which your Personal Data was originally collected, including overseas, and transferred between any of the countries in which we, our related entities or our service providers or international distributors operate in connection with the operation of a Site or in connection with any of the processing purposes set forth in this Privacy Policy. 

Your Personal Data may be transferred overseas if we sell, transfer or disclose our database of Personal Data to an actual or potential successor entity, purchaser or investor who is located or has offices overseas in order to enable such actual or potential transfer. It is not practicable to specify the likely countries in which recipients of information may be located in this regard.

These transfers of Personal Data are necessary in order to provide our products and services to you in an effective and efficient manner.  The Personal Data will be transferred for the operation of any Site(s) or in connection with any of the processing purposes set forth in this Privacy Policy.

In the case of transfers to third parties, we facilitate such transfers on the basis of standard contractual clauses, and in the instance of transfers to the U.S., our Privacy Shield certification.  You may request a copy of the safeguards by contacting us using the information in the “Contact Us” section.      

  1. Security of your personal information

Once in our possession, we take all reasonable precautions to protect the personal and credit information we hold about you from misuse, interference and loss and unauthorized access, modification or disclosure.

Whilst we endeavour to provide a secure online environment, there are inherent risks associated with the transmission of information via the internet and no data transmission over the internet can be guaranteed to be completely secure. We therefore cannot warrant the security of any information you provide to us over the internet and you do so at your own risk. 

We encourage you to play an important role in keeping your Personal Data secure, by maintaining the confidentiality of any passwords and account details used on a Site.  It is your sole responsibility to maintain such confidentiality and we will not be liable for any damage, loss or expense suffered due to such disclosure.

Indigo processes Personal Data in a manner that ensures appropriate security of the personal information, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures. Additionally:

  • Indigo has imposed disciplinary measures for violations of the comprehensive information security program rules;
  • Indigo performs regular monitoring to determine if the information security program is operating in a manner to prevent unauthorized access to or unauthorized use of personal information.
  1. Third parties

With regard to your use of certain components of a Site, certain components of a Site may contain links to third party websites and social media features that are hosted by a third party. Links to other websites do not constitute sponsorship, endorsement or approval of the information found on those websites.  You should evaluate the accuracy, relevance and suitability for your purposes of any such information.  We are not responsible for the privacy policies or practices of third party websites, and your interactions with any social media features are governed by the privacy policies and practices of the hosting entities.

  1. Access to and correction of your information

We aim to ensure that your personal and credit information is accurate, complete and up to date. To assist us, please contact us via the details below if any of your details provided have changed or if you believe that the information we hold is inaccurate.

You may request us to provide you with access to the personal or credit information we hold about you at any time. We will respond to your access request as soon as possible, however, prior to disclosing any such information it may be necessary for you to satisfactorily verify your identity.

There are exceptional circumstances where access to or correction of your personal or credit information may be refused by us such as where access would be unlawful. We will advise you of such circumstances if they arise.

  1. How You Can Manage Your Privacy

You may limit the collection of certain website information by deleting or disabling cookies. Most computers' internet browsers enable you to erase stored cookies, block all cookies, or receive a warning before a cookie is stored. Disabling cookies may prevent you from using specific features on a Site or other websites, such as ordering products or services and maintaining an online account.

Please note that many opt outs use browser cookies or device controls and are specific to the device, or browser, you are using. If you buy a new computer, change web browsers or devices, or delete the cookies on your computer, you may need to opt out again.

  1. Privacy of Children

We do not knowingly intend to collect information from or direct Indigo services to children age 16 and under.  If Indigo learns that information has been received from a child under 16, then Indigo will delete such information. 

  1. Retention of Information

Indigo retains Your Personal Data only for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or allowed by law or to otherwise fulfill a legal obligation.  For the purpose of business continuity, Indigo backs up your data within the Indigo infrastructure.  As soon as these retention periods are complete, the data will be deleted or properly anonymized in order that you may no longer be identified from it. 

  1. Privacy Shield Policy

Indigo Ag, Inc. and it’s U.S. subsidiary, Indigo, Transport, LLC, (respectively, IAI and ITL) complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland transferred to the United States pursuant to Privacy Shield. IAI and ITL has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/   

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, IAI and ITL is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.

Pursuant to the Privacy Shield Frameworks, EU and Swiss individuals have the right to obtain confirmation of whether  IAI and ITL maintain personal information relating to you in the United States. Upon request, IAI and ITL will provide you with access to the personal information that IAI and ITL hold about you. You may also correct, amend, or delete the personal information IAI and ITL hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to privacy@indigoag.com. If requested to remove data, IAI and ITL will respond within a reasonable timeframe.

IAI and ITL will provide an individual opt-out choice, or opt-in for sensitive data, before IAI and ITL shares your data with third parties other than our agents, or before IAL and ITL use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to privacy@indigoag.com.

In certain situations, IAI and ITL may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

IAI’s and ITL’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, IAI and ITL remain(s) responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless IAI or ITL prove(s) that it is not responsible for the event giving rise to the damage.

  1. Complaints

In compliance with the Privacy Shield Principles, Indigo commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the Privacy Shield Policy set forth above. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact Indigo via the contact information set forth in the “Contact Us” section. 

IAI and ITL has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you. 

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms.  See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction

  1. Marketing

Indigo may contact you by email, text or via other electronic communication to provide You with marketing materials about Indigo products or services that may be on interest to You.  If you do not wish to receive such communications, you may follow the unsubscribe options provided in such marketing communications.

  1. Privacy Policy Updates

From time to time, we may change and post revisions to this Privacy Policy and such changes to this Privacy Policy will become effective upon the posting of the revised Privacy Policy on a Site. Your continued use of a Site, Service or Product following these changes means that You accept the revised Privacy Policy.

  1. Your Rights

Subject to applicable law, you have the following rights regarding your Personal Data that we process:

  • the right to request access to, or copies of, your Personal Data that we process;
  • the right to request correction of any inaccuracies in your Personal Data;
  • the right to object, on legitimate grounds, to the processing of your Personal Data;
  • the right to request, on legitimate grounds: (a) erasure of your Personal Data that we process; and (b) restriction of processing of your Personal Data that we process;
  • where we process your Personal Data on the basis of your consent, the right to withdraw that consent; and
  • the right to lodge complaints regarding the processing of your Personal Data with an applicable data protection authority. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en 

If you wish to exercise any of these rights please contact us using the information set forth in the “Contact Us” section.  To the extent possible and required under law, we will notify third parties with whom we have shared your Personal Data of any request for correction, deletion and/or restriction to the processing of your Personal Data, however, we cannot guarantee that third parties will comply with your requests and it is advised that you contact those third parties directly.  It is your responsibility to ensure that your Personal Data held by Indigo is accurate, complete and up-to-date.     

  1. California Resident Users

If Indigo performs business in the State of California, California residents may request information (no more than once per year) pertaining to Indigo’s disclosure of personal data to third parties for those third parties’ direct marketing purposes by contacting Indigo as set forth in the contact section.

  1. Connecticut Users

If Indigo performs business in the state of Connecticut:

  • Indigo shall not print your Social Security number on any card required for you to access products or Services;
  • Indigo shall not transmit your Social Security number over the Internet, unless the connection is secure or the Social Security number is encrypted; or
  • Indigo shall not require you to use your Social Security number to access an Internet web site, unless a password or unique personal identification number or another authentication device is also required to access the Internet web site.
  1. Contact Us

    If you have any questions or complaints about this Privacy Policy or our treatment of your personal or credit information, or if you would like to access or amend your personal information, please contact us:

Privacy Officer, Indigo Ag, Inc.
500 Rutherford Ave.
Charlestown, MA 02129
privacy@indigoag.com

This policy will be reviewed from time to time to take account of new laws and/or changes to our operations.  Any information we hold about you will be governed by our most current policy. We recommend that you periodically review this policy for any changes.

 Last Updated:   August 19, 2019

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